Victims of Domestic Violence and Sexual Assault Leave - Colo. Rev. Stat. § 24-34-402.7

Covered Employers: Employers with 50 or more employees

Employee Eligibility: Employees who have worked for the employer for at least 12 months of service and are victims of domestic abuse, stalking, sexual assault, or any other crime the underlying factual basis of which has been found by a court to include an act of domestic violence.

Entitlement: Up to three working days of leave in any twelve-month period if the employee is the victim of domestic abuse, the victim of stalking, the victim of sexual assault, or the victim of any other crime related to domestic abuse, if the leave is to protect himself or herself by doing one or more of the following:

• Seeking a civil protection order

• Obtaining medical care or mental health counseling or both for the employee or for the employee's children, to address physical or psychological injuries

• Making his or her home secure from the perpetrator or seeking new housing to escape the perpetrator

• Seeking legal assistance to address issues related to the crime and preparing for court-related proceedings

An employee seeking leave pursuant to this section, prior to receiving such leave, must first exhaust any and all annual or vacation leave, personal leave, and sick leave, if applicable, that may be available to the employee. The employer can waive this requirement if they choose. (Note: the Absence product does not have an automated way of identifying whether other types of leave have been exhausted because it is not the system of record for other types of leave.)

Employer Notice: Not specified, however the law implies that the employer should have a policy in place to be able to require the employee to submit notice prior to using the leave.

Employee Notice: Except in cases of imminent danger to the health or safety of the employee, an employee seeking leave from work pursuant to this section shall provide his or her employer with the appropriate advance notice of such leave as may be required by the employer's policy, and such documentation as may be required by the employer.

Certification Supporting Need for Leave: Yes, if required by the employer's policies.

Paid: No. An employee seeking leave pursuant to this section, prior to receiving such leave, must first exhaust any and all annual or vacation leave, personal leave, and sick leave, if applicable, that may be available to the employee, unless the employer waives this requirement.

Reinstatement: Not specified, however it is unlawful for the employer to discharge, or in any other manner discriminate against any individual who exercises rights under this section. The employee shall have no greater rights to continued employment or to other benefits and conditions of employment than if the employee was not entitled to leave under this section.

Other Important Definitions/Requirements: Employers must keep information obtained confidential.

Relationship with Other Leave: Not specified

Absence Specifications